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ApniLaw > Blog > High Court > Delhi High Court > DNA Report Cannot Prove Absence of Consent in Rape Case: Delhi HC
Delhi High CourtIPCNews

DNA Report Cannot Prove Absence of Consent in Rape Case: Delhi HC

Amna Kabeer
Last updated: April 3, 2025 7:56 pm
Amna Kabeer
2 months ago
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Delhi High Court
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Court Dismisses Rape Charges Against Accused


The Delhi High Court ruled that a DNA report proving paternity does not establish the absence of consent in a rape case. The court ruled that proving sexual relations, even if resulting in pregnancy, does not establish rape unless absence of consent is proven.

Contents
Court Dismisses Rape Charges Against AccusedCase BackgroundAccusations and DefenseCourt’s ObservationsLack of Medical Evidence and Delay in ComplaintVerdict and Legal StandpointWhat Is IPC Section 376?

Case Background


The case involved a man convicted under Sections 376(2)(n) and 506 of the Indian Penal Code (IPC). He challenged his conviction and the 10-year sentence imposed by the trial court. The prosecution relied on a DNA report confirming that the accused fathered the child born to the victim.

Accusations and Defense


The victim alleged that the accused repeatedly sexually assaulted her after inviting her to his house to play the board game Ludo. She filed a complaint after discovering her pregnancy. The accused claimed false implication for financial motives and argued that their relationship was consensual.

Court’s Observations


The court found inconsistencies in the victim’s statements. It noted that she continued visiting the accused’s house over an extended period and admitted to developing affectionate feelings for him. The delay in filing the complaint, without a reasonable explanation, further weakened the case.

Lack of Medical Evidence and Delay in Complaint


The court highlighted that there was no medical evidence indicating force or resistance. The victim did not report any incident until after she learned about her pregnancy. This suggested that the FIR was not a spontaneous complaint but a reaction to social pressure.

Verdict and Legal Standpoint


The court ruled that a consensual relationship could not be retrospectively reframed as rape due to societal pressure. It dismissed the allegations, emphasizing that the prosecution failed to prove non-consent beyond reasonable doubt. The accused was discharged, and the conviction overturned.

What Is IPC Section 376?

IPC Section 376 punishes rape offenses. It defines rape, prescribes imprisonment from 10 years to life, and includes strict penalties for aggravated cases.

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TAGGED:ConsentDelhi High CourtIPC 376DRaperape accusedRelationship
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